Financial Advisor Dennis Ayre (Hilltop Securities Inc.) Customer Complaints

• July 14, 2020
• Hilltop Securities
• Oppenheimer & Co.

Dennis Ayre (CRD # 5365176) is a previously registered broker at Hilltop Securities Inc. Beverly Hills, CA. Dennis Ayre has been in the securities industry since 2008 and previously worked at Oppenheimer & Company, Inc. and Merrill Lynch, Pierce, Fenner and Smith Inc.

According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), in February, March, and April 2020, Dennis Ayre was the subject of five (5) customer complaints, alleging sales practice misconduct:

• April 2020—”Excessive risk relative to client stated objective.” The matter settled for $20,823.06.
• March 2020—”Investment service suitability, excessive concentration and risk.” Alleged damages are $6,115,287.00 and the matter remains pending.
• March 2020—”Investment advice suitability; excessive risk and strategy deviation.” Alleged damages are $1,472,671.00 and the matter remains pending.
• March 2020—”That Mr. Ayre while acknowledging evasion of compliance, sent an email through a private email domain that personally issued a put option to the client to guarantee a return on a portfolio position. This matter evolved into an arbitration on 5/26/2020 with the following claims. CLAIMANTS ASSERT CLAIMS OF FAILURE TO SUPERVISE, BREACH OF FIDUCIARY DUTY, RESPONDEAT SUPERIOR, UNSUITABILITY, BREACH OF CONTRACT, VIOLATIONS OF CALIFORNIA SECURITIES LAWS, VIOLATION OF FINRA RULES, FRAUD AND OTHER COMMON LAW CLAIMS RELATING TO PURCHASES OF CERTAIN STOCKS AND BONDS OF ENERGY COMPANIES, AS WELL AS SEARS COMMON STOCK. FROM 3/1/2014 TO 5/1/2017.” Alleged damages are $814,356.00 and the matter remains pending.
• February 2020—”That Mr. Ayre while acknowledging evasion of compliance, sent an email through a private email domain that personally issued a put option to the client to guarantee a return on a portfolio position.” Alleged damages are $814,356.00 and the matter remains pending.

For a copy of Dennis Ayre’s CRD, click https://brokercheck.finra.org/individual/summary/5365176#disclosuresSection

Financial advisors have a legal and regulatory obligation to recommend only suitable investments that are appropriate for their clients’ needs and objectives. Their employing brokerage firm has a legal and regulatory obligation to supervise the Financial Advisors’ sales practices and dealings with clients. To the extent any of these duties are breached, the customer may be entitled to a recovery of his or her investment losses.

Reasonable basis suitability requires that a recommended investment or investment strategy be suitable or appropriate for at least some investors. Reasonable basis suitability requires an advisor to conduct adequate due diligence so that he or she can determine the risks and rewards of the investment or investment strategy.

Quantitative suitability requires a brokerage firm or financial advisor with actual or de facto control over a customer’s account to have a reasonable basis for believing that a series of recommended transactions – even if suitable when viewed in isolation – is not excessive and unsuitable for the customer when taken together in light of the customer’s investment profile. No single test defines excessive activity, but factors such as the turnover rate, the cost-equity ratio, and the use of in-and-out trading in a customer’s account may provide a basis for a finding that a member or associated person has violated the quantitative suitability obligation.

Customer-specific suitability requires that a member or associated person have a reasonable basis to believe that the recommendation is suitable for a particular customer based on that customer’s investment profile. Among the criteria that a financial advisor must evaluate to satisfy his or her customer-specific suitability obligations include the investor’s:
• Age
• Other investments
• Financial situation and needs
• Tax status
• Investment objectives
• Time horizon
• Liquidity needs
• Risk tolerance
• Any other information disclosed by the customer

The Wolper Law Firm, P.A. represents investors nationwide in securities litigation and arbitration on a contingency fee basis. Matt Wolper, the Managing Principal of the Wolper Law Firm, P.A., is a trial lawyer who has handled hundreds of securities cases during his career involving a wide range of products, strategies and securities. Prior to representing investors, he was a partner with a national law firm, where he represented some of the largest banks and brokerage firms in the world in securities matters. We can be reached at 800.931.8452 or by email at mwolper@wolperlawfirm.com.